NPBA Newsletter October 2012

Page 1

Mission Statement

The North Peninsula Building Association represents builders and associates of the building industry. We advocate constant improvement of building and business practices to provide quality construction in our community.

Vol. 5, Issue 10

www.npba.info

360-452-8160

PO Box 748 • 3430 E. Highway 101, Ste. #1, Port Angeles, WA 98362

2012 NPBA Golf Tournament

The weather was absolutely perfect for the 13th Annual NPBA Golf Tournament which was held at The Cedars at Dungeness on September 28. Lonnie Forshaw and Sarah Wyant, both of First Federal checked in teams and Cindy Kelly captured all of the memorable moments by acting as official photographer and $5000 Consecutive Putting Green Contest judge. Kelly Raymond, Debbie Rutherford and Trina Sisk were onsite to make sure all of the logistics were taken care of and Mike Thomas of Lakeside Industries and 2013 Golf Committee Chairman emceed the awards ceremony. Planning has already begun for next year's tournament. If you would like to be a part of the Golf Committee, please contact faleana@npba.info or call the office at 452-1860. To see all of the fun we had via photos and videos, visit NPBA. info. Championship Flight 1st Place: Callis & Associates Congratulations to the winning teams! Championship Flight: 1st Place — Callis & Associates: Andy Callis, Harry Hines, AJ Callis, Dave Whalston 2nd Place — Everwarm Hearth & Home: Terry McCartney, Jim Schouten, Todd Irwin, Linda Kay Alger 3rd Place — Clawson Construction: Kevin Russell, Danny Clawson, Grant Smithson, Rob Botero Callaway Flight: 1st Place — First Federal: Chris Szczepczynski, Lance Von Vogt, Tuli Taufa, Dusty Henry 2nd Place — Westerra Homes: Greg McCarry, Will Payne, Darren Stephens 3rd Place — Eagle Home Mortgage: Kirk Gries, Matt Bailey, Bill Bailey, David Schmidlkofer Callaway Flight: 1st Place First Federal

Thank You Sponsors! Tournament Sponsor:

Golf Cart Sponsor:

Private residential construction spending increased 0.9 percent on a month-to-month basis during August 2012. In addition, estimates for both June and July were revised upward strongly from initial readings of 2.4 percent and -1.6 percent to 3.3 percent and -0.1 percent, respectively. The nominal level of private residential construction spending has improved significantly over the past year, rising nearly 18 percent since last August and reaching its highest mark since early 2009. Spending on new single-family homes jumped 2.8 percent and has registered sequential gains in 14 of the last 15 months, which leaves the level of spending almost 21 percent ahead of its yearago level. Compared to the cyclical low observed in the second quarter of 2009, spending activity has rebounded approximately 44 percent.

Have you “Liked” the NPBA on Facebook yet? Mulligan Sponsor: Blake Tile & Stone

Driving Range Sponsor:

Residential construction spending rebounds in August

Beverage Cart Sponsor:

Hole in One Sponsors:

Prize Sponsors: Eagle Home Mortgage Hines Construction, Inc. Strait Floors Washington Federal

October 2012

Hole Sponsors: Angeles Concrete D & K Painting Ferguson Enterprises J & J Construction Zenovic & Associates

The NPBA has selected the Boys & Girls Club as its charity partner to help promote our Facebook page. For every "like" we get, we will give $1 to the club. If we can reach our goal of 250 likes by Nov. 10 — its annual auction date — we will double our donation to $500! Please take a minute to visit facebook.com/ NorthPeninsulaBuildingAssociation and help us give to this worthy community organization.


Vol. 5, Issue 10

October 2012

Dear Donna Donna L. Knifsend

Dear Donna: What does the term “Med-Arb” and “ArbMed” mean?

Answer: “Med-Arb” stands for Mediation then Arbitration; “Arb-Med” stands for Arbitration then Mediation. Both of these processes are part of the alternative dispute resolution spectrum that can help businesses move forward proactively when disputes arise. Med-Arb allows for informal facilitated communication to help parties understand the issues and concerns behind disputes, then move into practical options to help resolve the conflict. This process generally is confidential, voluntary and non-binding, although 87 percent of mediation generally results in a party-imposed binding agreement. Mediation allows the parties to come

to resolution without having third-party decisions forced on them (via binding arbitration or litigation). Many times there are several issues that can be resolved in mediation while a few issues may remain in conflict. Often the parties will seek arbitration immediately or shortly thereafter to allow a third-party arbiter to make final decisions on the remaining issues. The theory behind the Med-Arb approach is that the parties can elect to have the mediator put on the arbitrator’s hat or they can elect to have a third party (outside of the mediation) make the final decisions. Normally this process of having the mediator become the arbiter is shunned by professionals because the mediator often learns of confidential material/facts during the mediation that may be hard to set aside when having to make binding decisions. Many parties, however, prefer to have the same mediator become the arbitrator because it cuts through many of the barriers and “games” that are played in arbitration. If you elect to follow this process, make sure that you have a professional mediator that understands the boundaries and duties of both roles and that everyone is comfortable and agrees to the dual role. My preference, notwithstanding my years of professional mediation, is to have the mediator and ar-

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biter in separate roles in the above scenario. Many firms have independent mediators and arbiters that do work from the same office but the files and information of the mediator are kept confidential (per most statutes), and the independent arbiter can step in and arbitrate according to the parties’ schedule … often the same day or soon after the mediation. The Arb-Med is one of my favorite processes. Often the parties have hired the lawyers because they want their rights protected and a contract may call for arbitration. Arbitration, compared to mediation, has a third party making the decisions for the parties. The unique aspect of Arb-Med is that the lawyers can present all of the evidence in accordance with the statutory or providers rules, but the third-party decision maker places his/her decision in a sealed envelope. Since the arbiter has heard the evidence and rendered the decision via the sealed envelope, there is no harm in allowing the arbitrator to put a mediator hat on to assist the parties in exploring alternative resolutions. I have utilized this process effectively because it is generally when the jury is out or the arbiter decision is pending that parties realize that the “slam dunk” case is not bullet-proof. By using Arb-Med, the parties

have had their “day in court,” so to speak, yet the parties can explore options to the dispute that may not have otherwise been considered. More importantly, the parties always can fall back on the rendered decision if they cannot agree on alternative solutions. Disclaimer: The advice given herein is strictly for informational purposes only and does not reflect advice to the readers. If you have a legal issue, see an attorney for full evaluation and advice.

CODE CORNER Clallam and Jefferson County, Port Angeles, Port Townsend, Sequim, Juan de Fuca Chapter of ICC

Question:

Does the residential code require new residences to have hood fans in kitchens?

Answer: The code does not specifically require a hood fan but does require “source specific” ventilation in the kitchen. The required ventilation must be vented to the exterior and draw 100cfm. This could be a remote fan in the kitchen and not a hood over the stove or range.


Vol. 5, Issue 10

October 2012

NPBA Candidate Forum Be sure to attend the NPBA’s Annual Candidate Forum on Oct. 18 at the Red Lion, Port Angeles. Take this opportunity to meet and ask questions of the Clallam County commissioner candidates Maggie Roth and Mike Chapman as well as visit with Superior Court candidates Chris Melly and Erik Rohrer during the social hour, which runs from 6-6:45 p.m. Dinner will begin at 6:45 p.m. with the forum starting at 7:15 p.m. The forum will be moderated by the NPBA

Calendar of events: October: 18

General Membership Meeting 6 p.m., Red Lion-Port Angeles

November: 7-9 15

BIAW State Board of Directors Meetings Executive Board Meeting 5 p.m.

For more information about NPBA events, visit our website at NPBA. info.

Government Affairs Committee: Jo Anne Estes, Donna Knifsend, Greg McCarry and Annie O’Rourke. Cost for dinner is $17, please RSVP to the NPBA offices at 452-8160 or faleana@npba.info. NPBA Golf Tournament Sponsor First Federal team members Lonnie Forshaw and Sarah Wyant check in golfer Todd Irwin.


Vol. 5, Issue 10

October 2012

contractor SPotLIGHt

Nominations are now being accepted for 2013 Board Members! Please contact Nominations Chairman, Roger Wheeler, RJ Services, at 452-1420 or Executive Officer FaLeana Wech at 452-8160 if you are interested in serving in this capacity. .............................................

www.feeley construction.com

Feeley Construction (360) 461-2309

Port Angeles native, Bill Feeley worked as a foreman for a local construction company for many years before deciding to begin his own company in 1994.

Volunteers needed

Feeley Construction originally focused on hanging doors and building decks, but it wasn’t long before he was asked to build a custom home and has been doing so ever since. In addition to residential remodels and new homes, Bill has also constructed buildings for several of the businesses we frequent around town including one for an eye clinic, a dental clinic and even a retail shop for his wife’s business – Franni’s Gift Expressions on Front St. Most recently Bill completed an addition for an office building at the Nippon Paper Mill.

NPBA is looking for volunteers to serve on a variety of committees. If you are interested in helping, please contact FaLeana at faleana@npba.info or call the office at 452-8160 to discuss the rewarding volunteer opportunities which exist in your association!

2012 OFFICERS AND BOARD OF DIRECTORS President: Rick Gross, Estes Builders LLC 1st Vice President: Garret DelaBarre DelaBarre Construction 2nd Vice President: Bill Feeley, Feeley Construction Inc. Treasurer: Julie Myers, First Federal Secretary: Donna Knifsend Lawsuit Prevention & Mgmt Immediate Past President: Tracy Gudgel Zenovic & Associates State Directors: Annie O’Rourke, Drafting Solutions Scott Schwagler, J & J Construction Garret DelaBarre, DelaBarre Construction Mark Smith Builder Directors: Alex Anderson, Alex Anderson Concrete Larry Hanna, L.P. Hanna Construction Bill Feeley, Feeley Construction Inc. Greg McCarry, Westerra Homes Associate Directors: Kelly Raymond Dan Donovan, Allform Welding Inc. Roger Wheeler, RJ Services Life Director: Bill Roberds, Excel Utility Construction Inc. Executive Officer: FaLeana Wech

Clallam PUD - Your Partner in Conservation

For years, Feeley Construction has donated time and labor for community building projects such as the Dream Playground, Habitat for Humanity, Future Builders and the bandstand at City Pier. Bill has also been an Bill is very reliable, does very good active board member for the North work and has never let us down. Peninsula Building Association for the — Chuck Burkhardt, repeat last five years, and is a member of the customer and long-time Port Angeles Business Association. electrical subcontractor for “I’ve been shopping for over 30 years Feeley Construction. at Angeles Millwork & Lumber Co. and Hartnagel Building Supply, and feel like part of the family. They always provide great service and whatever they don’t have on the shelves, they special order for me.” Need a builder? Call Bill Feeley at 461-2309 Lic. # FEELECI055QT or visit www.feeley construction.com for more info.

Board Member

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1601 S “C” St., Port Angeles

457-8581 • angelesmillwork.com

www.facebook.com/ AngelesMillwork.Hartnagel

3111 Hwy 101 E, Port Angeles 452-8933 • hartnagels.com

Rely on the employee owned and operated stores that contractors rely on!

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